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3.8.4 If the advance payment exceeds DTSC's actual oversight costs, DTSC will <br /> provide an accounting for expenses and refund the difference within one hundred-twenty <br /> (120) days after termination of this Agreement in accordance with Paragraph 3.18. In no <br /> other case shall the Proponent be entitled to a refund from DTSC or to assert a claim <br /> against DTSC for any amount paid or expended under this Agreement. <br /> 3.9 Condition Precedent. It is expressly understood and agreed that DTSC's <br /> receipt of the advance payment described in Paragraph 3.8.1. is a condition precedent to <br /> DTSC's obligation to provide oversight, review and/or comment on documents. <br /> 3.10 Record Retention. DTSC shall retain all cost records associated with the <br /> work performed under this Agreement for such time periods as may be required by <br /> applicable state law. The Proponent may request to inspect all documents which support <br /> DTSC's cost determination in accordance with the Public Records Act, Government Code <br /> section 6250 et seq. <br /> 3.11 Proiect Coordinator. The work performed pursuant to this Agreement shall <br /> be under the direction and supervision of a qualified project coordinator, with expertise in <br /> hazardous substance site cleanup. The Proponent shall submit: a)the name and address <br /> of the project coordinator; and b) in order to demonstrate expertise in hazardous substance <br /> site cleanup, the resume of the coordinator. The Proponent shall promptly notify DTSC of <br /> any change in the identity of the Project Coordinator. All engineering and geological work <br /> shall be conducted in conformance with applicable state law, including but not limited to, <br /> Business and Professions Code sections 6735 and 7835. <br /> 3.12 Access. Proponent shall provide, and/or obtain access to the Site and offsite <br /> areas to which access is necessary to implement this Agreement. Such access shall be <br /> provided to DTSC's employees, contractors, and consultants at all reasonable times. <br /> Nothing in this paragraph is intended or shall be construed to limit in any way the right of <br /> entry or inspection that DTSC or any other agency may otherwise have by operation of any <br /> 7 <br />